Scott A. Smith. Remember this guy? Uh huh, he’s the guy who walked into a Westlake, Ohio movie theater August 4, 2012 with a gun, knives and multiple rounds of ammunition. Scott carried the weapons and ammo in a satchel, bought his movie ticket to The Dark Knight Rises at the Regal Cinemas at Crocker Park and sat down in his sit.
My understanding is that security came into the actual theater he was sitting in and asked him about the satchel. After the seach of his bag, security uncovered a 9mm Glock, 4 knives and 2 magazines with 16-17 rounds each.
ABC5 news video ⇰ HERE
CNN news video ⇰ HERE
In August, Smith’s attorney stated,
“This was simply an instance where a man felt fear going into a movie theater in light of recent shootings and incidents around the country and he wanted protection for himself.” – Matthew Bruce
Well, that was all fine and dandy had Smith had some sort of concealment permit and he didn’t have a stash of prescription drugs at home. And staying home and waiting for the DVD to come out, you know…because of his fear of movie theaters and such…would be a completely irrational decision. Pack your satchel to the hilt and hope for the best is always my motto in situations like that. ::eye roll::
Anyways, Smith was originally looking at 2 counts for concealed weapons and 19 counts related to carrying weapons “under disablilty” that refer back to Smith’s prescription drugs. But in the end, the indictment only had 3 counts.
Welp. Scott Smith has seen his day in court and he won. He was acquitted Friday of possessing a weapon under disability. His attorney said that prosecutors were trying to show that Smith’s pain killer use of Percocet met the legal definition of a disability. Clearly the courts didn’t think it did. The Assistant Cuyahoga County Prosecutor Aaron Brockler had this to say,
“…does not believe the law should permit mentally-ill drug abusers to assemble virtual arsenals and carry weapons into a Batman movie — clearly inspired by a mass murderer in a Colorado theater.”
If the prosecution would have won the disability charge then they would not have had to return all of Smith’s weapons, including ones confiscated from his home – 18 pistols and rifles in all. Some of which I do not believe are his, some are his wife’s and son’s. The prosecution may still fight the court decision of having to return the weapons.
Smith did plead guilty to carrying concealed weapons and will be sentenced in March for that charge.
A little law enforcement birdie (that’s right, I have a birdie…I’m pulling a Jana Winter on ya’ll) told me that the judge in this case, Judge Kathleen Ann Sutula, had made the decision early on that she was not going to be making any controversial decisions like taking weapons away from citizens. Good for her. Save it for the judges that actually “bring some” when they go to their job every day. The NRA would be proud.